At its core, Milpitas REACH consists of a handful of people who have full time jobs and families. We spend our weekends/late nights to plan/strategize and continue the fight to eliminate the man-made sources of odor polluting Milpitas.
All posts by Milpitas
Dear Editor Letter: Garbage Wars
Dear Editor,
You know that strong pungent rotten-egg odor — yeah! I am talking about the one you may have smelled if you lived around a landfill or traveled near one.
Recent citizen movements on San Jose landfills, specifically Newby and Guadalupe, have finally driven it home to San Jose city’s attention. Garbage war and related “odor” problem have been simmering in the underbelly for decades and begs to look at this problem from a citizen perspective.
I smelled that odor for the first time in the Bay Area when I settled in North San Jose right next to the expansive Cisco campus almost 16 years ago. A few SJ governments came and went and after 11 years of cribbing I moved as well. The problem has grown worse over the years and if you are around Zanker, you can smell it umpteen even today.
Recently, another set of SJ residents just started mobilizing and objecting to new garbage contracts at Guadalupe landfill in the heart of San Jose. North San Jose and Milpitas residents have been trying to bring Newby landfill and the odor problem to San Jose’s attention for years, but most of it has fallen to deaf years.
It would be interesting to see how SJ city officials differentiate their stand on “odor” to Americans living in the heart of the city, at the city outskirts and outside of its city limit.
We are all in the same state and nation then why is this differentiation on the quality of air we breathe?
Is a big city like San Jose defining stakeholders so narrowly just to represent core vote bank and high rollers, and hardly hesitate to deplete quality of life for others who don’t count in this skewed political algebra. Are we defining city priorities over people of our state and country?
The whole nation is watching how cities divide territories, who they will consider a citizen and how divided city-nations are growing within the great nation.
The reason I broach this subject — waste management handled inadequately has the potential of becoming even more contentious a subject than nuclear armament or sharing of water. With a caveat though, it could potentially involve two nations eventually, but more likely it will be between neighboring cities and between citizens of the same nation. Law of severe citizen self-interest and shortsighted city policy making are the causes for this war, and special interests (lawyers and consultants) are benefiting from the social divide.
Interestingly, odor producing facilities in our discussion are all within San Jose’s jurisdiction and San Jose’s action to mitigate the odor, at least in terms of any visible intervention, is missing.
One great lesson from great wars of history, and especially from the ones where motivated special-interest divided citizens to saddle them with below par alternatives as a result, “United we stand and Divided we fall.” This lesson should unify citizens across city lines. In a democratic nation every citizen should have the equal right to breathe odor free air, irrespective of which city they live in. Can we all unite behind that?
Source is Milpitas Post: http://www.mercurynews.com/milpitas/ci_29854985/milpitas-letters-editor-may-6
Join Us to Stop Urban Landfill Expansion
Join our us to Demand San Jose to Stop ALL Urban Landfill Expansions!It is appalling that every single city around San Francisco Bay has closed down its landfills and yet, San Jose City continue to permit the growth of 5 landfills in environmentally sensitive locations, 4 of the 5 are within densely populated neighborhoods.There are 8 public schools and about 100,000 people who work and live within 2 miles of Newby Island Resource Recovery Park which includes the largest bayfront landfill, largest recyclery and composting operation. Collectively, Newby Island has received 4000+ complaints and 32 Regulatory Violations from BAAQMD, LEA and RWQCB in the past 15 months. San Jose Planning Staff had acknowledged that the existing land uses are indeed incompatible.
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Milpitas Post Article: Republic Services to put landfill change to voters
Republic Services is quick to respin its story (see link below) for the referendum.
January’s article clearly stated RS had legal troubles which prevented them from bidding.
Republic Services General Manager Evan Boyd told the council that although the company only submitted a proposal for collecting garbage it would like to be considered for disposal service as well if legal issues involving odor complaints are ironed out.
“Given the legal proceedings surrounding the project we believed that in order for the city to contemplate using the Newby Island landfill there would need to be a number of issues resolved before that step could be taken,” Boyd said.
Now Republic is saying “City’s longtime waste hauler believes process used to select new waste disposer was not fair, competitive.” See article below.
Source: Milpitas:Republic Services to put landfill change to voters – San Jose Mercury News
Call to Action: 3 Major Decisions
Dear neighbors and friends,
We have reached a very critical juncture where 3 major decisions will be made on Republic Services’ Newby Island that affects your living environment. We call for your individual action to ensure citizen’s interest is not compromised. Show up & Speak Out!
If we don’t represent our concern in our own voice, then capitalists and lawyers will manipulate the legal and bureaucratic system to get a favorable decision that serves their interest without our voice being counted. Tell the decision makers your concerns are real and though you are represented at times by your city, community leaders or lawyers, that should not dilute your self-representation or be exploited.
Email your concerns to decision makers and show up at the following hearings:
- Newby Island Class Action Settlement (1-12-CV-228591)
Decision Maker: Judge Peter H Kirwan, pkirwan@scscourt.org
Key Date: May 6, 2016 Fairness Hearing @ 9am, Superior Court, 191 N 1st St, San Jose
- Newby Island Expansion Permit (PD14-014)
Decision Maker: San Jose Planning Commission
msyesney@gmail.com, ballardshiloh@gmail.com, nick@nickpham.com, Ed@Abelite.com, brian.ohalloran@att.net, sylvia.do@sanjoseca.gov, rebecca.bustos@sanjoseca.gov
Key Date: Aug 24th 2016 @ 6:30pm, San Jose City Hall, 200 E Santa Clara St, San Jose
- Milpitas City Long Term Garbage Contract Selection
Decision Maker: Milpitas City Council
jesteves@ci.milpitas.ca.gov, cmontano@ci.milpitas.ca.gov, dgiordano@ci.milpitas.ca.gov, gbarbadillo@ci.milpitas.ca.gov, mgrilli@ci.milpitas.ca.gov
Key Date: Collections Bid presentation (April/May TBD), Contract Selection (June TBD)
It is only through residents’ collective voices that we can win the war against the environmental injustice inflicted on our community. Time is now to act to be heard individually and show up to bring the citizen power to action!
Recent developments are appended for your reference. Thank You for your support.
Background Info:
If you are new to this issue, Newby Island has impacted the quality of life in Milpitas, Fremont and San Jose for decades. 23,000+ residents have signed the “Stop Newby Island Landfill Expansion” petition. In 2015, Newby received 19 regulatory violations (9 for public nuisance) and accounted for 90% of confirmed odor complaints. In the first 3 months of 2016, Newby received 4 regulatory violations and 800+ complaints were logged. Despite recurring violations and public objections, Republic Services continue to pursue Newby Island expansion to an unprecedented height, solicit new long term garbage contracts and deny any wrongdoing (class action settlement). For more information, visit milpitas-odor.info or like us on Facebook.
Recent Developments:
Class Action Lawsuit Settlement
- 600+ opt-out vs 200+ opt-in claims out of 6,800 households by 2/9/16 deadline signified strong dissent over settlement terms and inadequate representation of class members
- 90+ letters from residents outside “1.5 miles radius” objected to the arbitrary class definition
- Suspicious addition of “Dawn Lepik” as a new named plaintiff on 3/16/16 “to protect the interest of the settlement class” after Dolly Wu (original plaintiff) confided to “not spend enough time to understand the facts and situation about the settlement”
- Deadline extension for claims only and denying absent class members’ rights to object or opt-out constitutes bad faith and conflict of interest
- Attorneys attempt to discredit high opt-outs as being influenced by misinformation
Newby Island Expansion Permit
- Recurring regulatory violations and odor complaints in 2015/16 signify on-going problems. It is against San Jose Municipal Code Section 20.100.940 to issue permit that has unacceptable negative effect on adjacent property or properties
- New odor study results will be revealed – Don’t miss it!
- Bylaws is being amended on 4/13/16 where only 3 affirmative votes are needed pass a motion for the permit hearing (compared to 4 in the original bylaws)
Milpitas City Long Term Garbage Contracts
- City is finalizing 2 separate new contracts: 20-year disposal contract (Part 1) and 10-year collection contract (Part 2)
- Part 1: On 3/15/16, City Council awarded the 20-year disposal contract to Guadalupe Landfill in San Jose based on the lowest competitive bid. For the 1st time in Milpitas’ history, its waste will not be disposed at Newby Island. However, Allied Waste (a subsidiary of Republic Services) has sponsored a referendum to overturn Milpitas City Council’s selection of Guadalupe Landfill
- Part 2: Republic Services are among 6 bidders for the collections contract worth $10+ million/year. Bids will be revealed and finalized by June 2016
Beware new referendum gathering signatures
Milpitas Residents,
Please beware of paid petition gatherers trying to overturn city council disposal contract decision. They’re using scare tactics (such as garbage rate hike) to solicit signature. In reality, the city council already selected the lowest bid.
Please alert your friends and neighbors to not sign this referendum.
It appears that the person collecting signatures is spreading false information. Please note that the city has not released any change to garbage fees since only the disposal contract was finalized (20% of cost) while collection contract (80% of cost) is still pending.
Specifically for disposal contract, the city council selected the lowest bid at $42.78/ton (i.e. Guadalupe Landfill in San Jose). City staff estimated that we are currently paying between $43-$50/ton to Newby. The consultant also revealed that San Jose City currently pays Newby $44.96/ton.
We are appalled that we have been paying higher than our neighboring cities all this while to smell their trash. We should support city council decision to go with the lowest bid and send our garbage to San Jose for a change.
Unfortunately Allied Waste is using paid signature gathers to acquiring enough votes to place a referendum on the ballot to allow the voters to overturn the City Council’s unanimous decision. Allied Waste has the ability to run an expensive campaign with misleading scare tactic messages. Allied Waste is a subsidiary of Republic Services.
An important victory: Garbage disposal contract
Milpitas’ 30-year contract with Republic Services for garbage collection and disposal (landfill) ends in September 2017. City is currently finalizing 2 separate new contracts: a 10-year garbage collection and 20-year disposal contract.
On Tuesday March 14th, during the Milpitas City Council meeting, the residents of Milpitas has scored an important victory. The garbage disposal contract for the next 20 years was awarded to Waste Management Inc (Guadalupe landfill, San Jose). As residents of Milpitas, we’ll no longer bury our waste in our own backyard (Newby Island Landfill on Dixon Landing). Guadalupe landfill received 34 unconfirmed odor complaints in the last 2 years while Newby has about 3,000 complaints in Milpitas in the last 12 months.
We have sent a clear message to Republic Services (Newby Island Landfill’s operator) that having a landfill next to a residential area and environmentally sensitive wildlife refuge no longer provide them with a competitive advantage. We, the people, are standing up to defend our rights for clean air/water and we have the will and determination to continue fighting until the landfill has been closed.
Having a landfill at the doorstep of Milpitas did not help Republic Service to get the disposal (landfill) contract from Milpitas. Also having a landfill in the heart of Silicon Valley will hurt their garbage collection business as well.
Milpitas has started the evaluation process for the garbage collection 10 year contract valued at an estimated amount of $100M+. Shortlisting process has already started to narrow down from the current 6 bidders.
Please join our efforts of emailing City Council members to NOT AWARD THE GARBAGE COLLECTION CONTRACT TO REPUBLIC SERVICES as long as they pursue their landfill expansion permit which would raise the landfill’s height to an unprecedented 250 feet and extend the life of the landfill indefinitely.
Cut/Paste these email addresses and send your comments directly to the city council:
jesteves@ci.milpitas.ca.gov; cmontano@ci.milpitas.ca.gov; dgiordano@ci.milpitas.ca.gov; gbarbadillo@ci.milpitas.ca.gov; mgrilli@ci.milpitas.ca.gov
Every email counts.
The smelly Newby Island Landfill is a San Jose facility and under San Jose’s jurisdiction. Although Milpitas won’t be dumping its Garbage at Newby, other cities will still be using the facility, so it will remain open until it reaches capacity. If the expansion permit goes through, the landfill will be open for a very very long time.
Milpitas: City selects new company to dispose trash starting in Sep 2017
Milpitas will stop sending garbage to the Newby Island Landfill and Resource Recovery Park on the San Jose-Milpitas border late next year.
Letter from Congressman Mike Honda
Here’s an email response I received from Congressman Mike Honda (17th district).
———- Forwarded message ———-
From: Congressman Mike Honda
Date: Thu, Mar 10, 2016 at 7:47 AM
Subject: Re: San Jose’s Republic’s Newby Island Landfill is Polluting Milpitas
Thank you for contacting me to express your concerns about the Newby Island Landfill and the odor problems that affect the area. I understand how pervasive the odor problem is and that it will soon become more pronounced as the weather becomes warmer.
As you know, the Newby Island Landfill on Dixon Landing Road receives and processes waste materials from businesses in the City of San Jose and from residences in about a dozen cities around Northern California. While the original plans for the landfill have it scheduled to close in 2025, the operator of the landfill, Republic Services, has applied to expand the landfill by increasing its height by 95 feet and allowing it to remain open until January 2041.
I share your concerns that the proposed expansion could have a serious impact on your community. Residents like yourself from Milpitas, North San Jose, and South Fremont have long voiced complaints about odors entering the community that impact your quality of life.
That is why I am pleased that the San Jose Planning Commission has delayed its decision about the project’s permit until an independent odor study can be completed. This study is expected to be completed in late April or early May of this year. It is important to have an independent study in addition to the one undertaken by Republic Services so the Planning Commission can know that the results are not biased.
I have also heard that residents have been calling the Bay Area Air Quality Management District (BAAQMD) to report complaints, and I applaud these efforts, as the BAAQMD is the government office that is able to take direct action on this issue. Because of the community’s work, the BAAQMD has issued Public Nuisance Violations to both the Newby Island Landfill and Recyclery. These official notices of violation allow for legal action to be taken against air polluters under California state law.
It is important to note that the San Jose-Santa Clara Regional Wastewater Facility has also received a Notice of Violation. In addition to Newby Island, other facilities nearby, like the Wastewater Facility, Zanker facilities, and the local salt ponds and wetlands, may add to the problem, and we must make sure that all odor sources are addressed in finding a long-term solution to this problem.
At the federal level, I asked the Director of the U.S. Fish and Wildlife Service (FWS) to have his agency join these efforts. The FWS can lend its considerable expertise with environmental protection and management to suggest additional mitigation measures that odor generators may employ to mitigate the nuisance. The FWS has joined the South Bay Odor Stakeholder Group and has installed sensors to monitor natural odor sources as part of the independent odor study.
My desire is to ensure that a thorough and independent odor study be completed and that all potential odor sources are addressed in order to ensure a long-term solution to this problem. The City of Milpitas and my constituents deserve their quality of life, and Newby Island and other potential odor generators in the area need to do what is necessary to mitigate their impacts on the community.
Please continue to report odors as soon as they are detected to the BAAQMD by calling 1-800-334-6367(ODOR). It is important to report odors as soon as possible on each day that the problem is observed so that an inspector from the BAAQMD can promptly be dispatched to the area to investigate. Through this process, we can officially document cases and gather the evidence we need to fully address this issue.
You can be sure that I will remain engaged in this process and give voice to the concerns of my constituents in Milpitas and surrounding areas. Thank you again for contacting me.
Mike